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Car accident settlement examples: the same crash in every state
The same crash can leave you with very different money depending on the state. With $15,000 in medical bills, $5,000 in lost wages, a moderate injury and 20% of the blame, an injured driver takes home about $25,800 in Texas. At 51% fault, 42 of 51 jurisdictions pay nothing, and in 37 a driver carrying only the state minimum policy caps what you can collect.
The example
- Another driver turned left into you at an intersection; the insurer says you were 20% at fault.
- $15,000 in medical bills and $5,000 in lost wages; a moderate injury.
- The other driver has a $100,000 bodily injury policy; you hire a lawyer at 33% and pay $1,000 in costs.
- No-fault states: your own PIP pays first, and we assume the injury meets the serious-injury threshold.
What you take home, state by state
| State | Fault rule | Take-home at 20% fault | At 51% fault | If the driver has only the minimum policy |
|---|---|---|---|---|
| Alabama | Contributory negligence | $0 | $0 | $0 ($25,000 limit) |
| Alaska | Pure comparative negligence | $25,800 | $15,415 | $25,800 ($50,000 limit) |
| Arizona | Pure comparative negligence | $25,800 | $15,415 | $15,750 ($25,000 limit) |
| Arkansas | Modified comparative negligence (50% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| California | Pure comparative negligence | $25,800 | $15,415 | $19,100 ($30,000 limit) |
| Colorado | Modified comparative negligence (50% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Connecticut | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Delaware | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| District of Columbia | Contributory negligence | $0 | $0 | $0 ($25,000 limit) |
| Florida | Modified comparative negligence (51% bar) | $20,440 + PIP pays $10,000 | $0 | No minimum required |
| Georgia | Modified comparative negligence (50% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Hawaii | Modified comparative negligence (51% bar) | $20,440 + PIP pays $10,000 | $0 | $20,440 ($40,000 limit) |
| Idaho | Modified comparative negligence (50% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Illinois | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Indiana | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Iowa | Modified comparative negligence (51% bar) | $25,800 | $0 | $12,400 ($20,000 limit) |
| Kansas | Modified comparative negligence (50% bar) | $23,388 + PIP pays $4,500 | $0 | $15,750 ($25,000 limit) |
| Kentucky | Pure comparative negligence | $20,440 + PIP pays $10,000 | $12,132 | $15,750 ($25,000 limit) |
| Louisiana | Modified comparative negligence (51% bar) | $25,800 | $0 | $9,050 ($15,000 limit) |
| Maine | Modified comparative negligence (50% bar) | $25,800 | $0 | $25,800 ($50,000 limit) |
| Maryland | Contributory negligence | $0 | $0 | $0 ($30,000 limit) |
| Massachusetts | Modified comparative negligence (51% bar) | $21,512 + PIP pays $8,000 | $0 | $15,750 ($25,000 limit) |
| Michigan | Hybrid comparative negligence (no pain and suffering above 50% fault) | $15,080 + PIP pays $20,000 | $0 | $15,080 ($50,000 limit) |
| Minnesota | Modified comparative negligence (51% bar) | $15,080 + PIP pays $20,000 | $0 | $15,080 ($30,000 limit) |
| Mississippi | Pure comparative negligence | $25,800 | $15,415 | $15,750 ($25,000 limit) |
| Missouri | Pure comparative negligence | $25,800 | $15,415 | $15,750 ($25,000 limit) |
| Montana | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Nebraska | Modified comparative negligence (50% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Nevada | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| New Hampshire | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| New Jersey | Modified comparative negligence (51% bar) | $17,760 + PIP pays $15,000 | $0 | $17,760 ($35,000 limit) |
| New Mexico | Pure comparative negligence | $25,800 | $15,415 | $15,750 ($25,000 limit) |
| New York | Modified comparative negligence (51% bar) | $15,080 + PIP pays $20,000 | $0 | $15,080 ($25,000 limit) |
| North Carolina | Contributory negligence | $0 | $0 | $0 ($50,000 limit) |
| North Dakota | Modified comparative negligence (50% bar) | $15,080 + PIP pays $20,000 | $0 | $15,080 ($25,000 limit) |
| Ohio | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Oklahoma | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Oregon | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Pennsylvania | Modified comparative negligence (51% bar) | $23,120 + PIP pays $5,000 | $0 | $9,050 ($15,000 limit) |
| Rhode Island | Pure comparative negligence | $25,800 | $15,415 | $15,750 ($25,000 limit) |
| South Carolina | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| South Dakota | Slight/gross negligence comparison | $25,800 | $0 | $15,750 ($25,000 limit) |
| Tennessee | Modified comparative negligence (50% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Texas | Modified comparative negligence (51% bar) | $25,800 | $0 | $19,100 ($30,000 limit) |
| Utah | Modified comparative negligence (50% bar) | $24,192 + PIP pays $3,000 | $0 | $19,100 ($30,000 limit) |
| Vermont | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Virginia | Contributory negligence | $0 | $0 | $0 ($50,000 limit) |
| Washington | Pure comparative negligence | $25,800 | $15,415 | $15,750 ($25,000 limit) |
| West Virginia | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Wisconsin | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
| Wyoming | Modified comparative negligence (51% bar) | $25,800 | $0 | $15,750 ($25,000 limit) |
Typical figures: the midpoint of the 2–3× multiplier for a moderate injury, no medical liens or underinsured motorist coverage. Each state link opens the full step-by-step math. In no-fault states the take-home is lower because your own PIP already paid part of the losses, shown separately.
What the table shows
- Fault rules decide the edge cases. At 20% fault most states simply reduce the claim by 20%, but in contributory negligence states the same 20% can mean $0.
- The 50/51% line is a cliff. Moving from 50% to 51% fault can wipe out the whole claim in modified comparative states.
- Minimum policies are the real ceiling. Where the minimum is $25,000 or $30,000, the insurance limit, not the injury, decides the payout. Underinsured motorist coverage on your own policy is what fills that gap.
Want your own number? Use the settlement calculator, check whether an offer is fair, or see how fault rules compare.
Frequently asked questions
- What is an average car accident settlement?
- There is no reliable national average, because settlements depend on medical bills, injury severity, fault and insurance limits. In our worked example ($20,000 in bills and lost wages, a moderate injury, 20% fault), an injured person in an at-fault state like Texas takes home about $25,800 after a 33% attorney fee.
- Why does the same accident pay differently in different states?
- Three state rules change the result: the fault rule (at 51% fault, 42 of 51 jurisdictions pay nothing), no-fault insurance (your own PIP pays medical bills first in no-fault states), and minimum insurance limits, which cap what you can collect from a driver who only carries the minimum.
- How much do you get from a settlement after a lawyer?
- In this example, the claim is worth about $40,000 in Texas and the injured person keeps about $25,800: the 33% contingency fee and $1,000 in case costs come out first. Medical liens, if any, reduce it further.